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HomeMy WebLinkAbout168567 COMPASSCOM INC - PURCHASE ORDER - 3215342Fort Collins Date: 01/14/2015 PURCHASE ORDER Vendor: 168567 COMPASSCOM INC 12353 E EASTER AVE SUITE 200 CENTENNIAL CO 80112 PO Number Page 3215342 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I 2015 AVL MAINTENANCE 1 LOT LS 5,200.00 This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods and/or services. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIU. Tex exemptions. By smture file City attract Collins is exempt from dare and local taxes.Ow Exemption Numbers RT'R I1. NONWA 98-04502. radial Excise Tax Exemption Cadifiate of Registry 84fi000589 is registered with the Collamr of Failure of the Purchaser to imist upon snlct performance of the terms and conditions hereof, failure cr delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 of exercisey rights or remediespromptly anprovided herein or by law, failure to pmptly notify Nc Seller in the event of a breach cihe wccptence of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeat of any of the warranties or obligations of this purchase order and shall not be dermed a waiver of my right of the damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of carmen Ourchaser to insist upon strict performance hereof or any of its rights or remedies as to any sucM1 goods, regardless instructions from the City affront Collins. odwhen shipped, received or accepted, as to any prior or subsequent default hereunder, our shall any pur mined oral modification or rescission of this purchase order by Ne Purchaser operate as a waiver of any of the rams Inspection. GOODS are initial to Ne City of Fan Collins inspection on amval. hereof. Final Acceptance. Receipt of Re merchandise, smlcce or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collies. However, it is in be understood that FINAL Seller and the Purchaser mogniae that in actual a new prance, Overcharm gresulting from annual afar ACCEPTANCE 0 dependent upon completion oral] applicable required inspection procedures. violations are in fact home by the purchaur. Theretoforegvd cons, said as considadian fro executing this purchase codes, the Sella hereby assigns to de, Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, TUO Wood St., Fort Collins, CO 80522, unless acquired under fderal or state antitrust laws for such overcharges relating to the particular goods or services otherwise spesifed a Nis order. Bpermission is given to prepay freight and charge separately, the original freight purchased or taxpa d by t, Punctuates pursuad to this purchase order. bill most accompany, invoice. Additional charges for packing will cot be acepled. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pa in% in m pans of die country, shipment is I fine Purchaser directs the Sellerm coma nonconforming or defective goods by adore 10la, agrcd up on by the expected from the nmtwl distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therafler indicates its inability or unwillingness to comply, Ne Purchaser shipments me made from greater distance. may cause the work to be performed by the most expedition means available to it, and the Seller shall pay all costs associated with such work. Pennies. Seller shall picture at sellers sole cost all necessary permits, certificates and licenses rryuired by AI applicable laws, regulations, ordinances and roles of the suite, municipality, lerieory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction ova the work of vendor. Seller further agrees to hold the City of Fort Collins berrolw from and against all liability and lass incurred by them by reason of an aimed or established violation of any such laws, regulations, ordiwmes, rules and requirements. Autha earion. All parties m this contract agree shoe the representatives are, in fact, born fide and possess full and complete authority to him said panim. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to N, it. and condition soared herein ter fanh and any supplementary or additional terms and conditions annexed harts or incorporated herein by reference. Airy additional or different terms and conditions proposed by seller an, ablated to and hereby rejend. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery, date as noted. Time is of the essence. Delivery and performance must Jae effected within the time steed on the purchase order and the documents attached hereto. No is of the Facedown, including without limitation, acceptance of partial late deliveries. shall operate w a waiver of Nis provision. In the event of any delay, the Purchase, shall have, or addition to other legal end a uiable remdial, the option ofpbcrng Nis order elsewfiere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to values not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, acts ofacl or military 9ufhorlties, govemmmml priorities, fires, strikes, Rood, epidemies, wars or riots provided than notice of the conditions causing such deR, is given to Ne Purhmer within five (5) days of Re time when the Seller first narivd korowledge thereof. Ie in, event of any such delay, the dale of delivery shall be extended for the period equal to the time usually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anicles, materials and work coverall by this order will conform with applicable drawings, ffeificalions, samples andfor Other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted smndards for work of a similar town. The Seller now m hold the purchaur harmless from any loss, damage or expene which the Pubdurn r may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repm or make good, without coma the porhaue any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the saw ofay applicable warranty provided by the Seller after the date of acceptance of do good fmished hereunder (acceptance coot to be utueasoitably delayed), resulting from imperfect or defective work done or materials fumshed by for Seller. Acceptance or use of goad by the Purchaser shall at consulate a waiver of my claim under this warranty. Except as otherwise provided in this pmachzse order, the Sellers liability hereunder shall extend to all damages proximately award by the breach of my of the foregoing wacconfies or guarantees, but such liability shall in no event include lass ofpmfife or low of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal corns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the limn, other than legal team, including addition, to or deletions firm the quantities originally ordered in the agairicatiom or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperforttcmtt hanum kir, an equitable adjustment shall be lade. 6. TERMINATIONS. The Purchaser may at any doe by written change order, terminate this agreement as wavy or all portion of the goods then nut shipped, subject to any cquioble djwdmrnl between the posies as to any work or materials then in progress provided Nat the Purchma shall not be liable fur ay claims for accompanist profs oa the unmmpleded portion of the good corfor work, for incidental or consequential damages, and that no such adjustment be made in face, of the Seller with respmt to any goods which arc the Sellers standard stack. No such lamination sbell relieve the Purchaser or the Seller of eny oftheir obligations as to my good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim fur adjustment most be at within thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella waments Nat all fond sold hereunder shall have been produced said, delivered and fmishd or strict compliance wiN all applicable laws Out regulations to which the good art subject The Seller shall execute and deliver such documents as may b, required to effect or evidence compliance. All laws and tegularions required to be incorporated or agreements of this character nor hereby incorporatd heroin by this reference. The Sella agree, m indemnify and hold the Purchaser hvmless from all vests and damages suffered by the Purchaser as a it of Ne Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder upland the prior written consent of the other party. 10. TITLE. The Sella waraiila bill, clear ad unrestricted life to the Putchwer for all equipmmt, materials, and items familial in perfommatt of flux agreement, ( and clear of any and all few, restriction, reservations, security interest eaumbtaca and claims o f others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature totaling from the performance ofsuch work. This release shall apply even in the event of bull of negligence of the party rtlmscd and shall extend to the directors, ofTcas and employees ofsuch party. The Sellers commercial obligations, including warranty, shall not be dromd to Ire reduced, in any way, became such walk a Panama] or mused m be pert d by the Purchaser. 14. PATENTS. Whenever the Seller is natural to use any design, device, material or ..as covered by liner, poem, trademark or copyright, the Seller shall indemnify and save hamdws the Purchaser from any and all claims for infringement by reason i f ate use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of each infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended we of the goods, is in such suit held to constitute infringement and the use of said equipment or pan ls joined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue wing said equipment or pans, repbtt the same with substantially equal but hemorrhaging, equipment, or modify it so it becomes mninfringing. 15. INSOLVENCY. If she Seiler shall become insolvent or finalmpa. make an assigmnem far the bmeft of creditors, appoint a fierrica or ounce for any of the Sellers property or business, this mda may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftc.a sod or the interpretation of the agreement and the rights of all parties hereunder shall be constmed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repteaentativds), on the premises cruisers, I). SELLERS RESPONSIBILITY. 1M Seller shall cstry an said work at Sellers own risk until the same is fully completed ad acceptd, and shall, in au of any accident destruction or injury to Re work mtNm materials before Sellers fcal completion and exceptme, complete the wok at Sellers own expense and m for satisfaction of are Purchaser. When materials anal equipment are fmshed by others for installation or erection by the Seller, the Seller shall receive, clad store and handle mine at the site and become responsible therefor as though such materials andfor equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with file work covered by this purchase under, andfor to their dependents in accordance with the laws of the more in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commercial and automobile public liability insurance with bodily injury and death limits or at least S300.0W fur any one Izrson, $500,0(st for any one accident and property damage limit per accident of S400,000. The Seller shall likewise mryire his contractors, if any, to provide for such recrimination and iuumm e. Before any of the Selles or his coatracors employees shall do any wad: upon the premises orations, the Seller shall famish the Purchaser with a ttrtificfte that such compensation and insurance have bttn provider]. Such certificates shall specify the doc when such compensation and insurance have been provided. Such cernfimtes shall 'Pacify the are when such cempmamion end ancereare. expires. The Seller agrees Char such compensation ad i ison—re shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. I he Seller hereby asames the entire responsibility and liability for any crud till damage, loss or injury ofany kind or nature whutaever to persons or property ward by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser ad any r all of the Parchwas officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or pang ry to which the purchaser may be put or subjal by reason of ay act, action, neglect, omission or default on the pan of the Sella, any of his ontractors, or any of she Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall No brought against the Purchaser, or its officers, agents or employees at ay rime on occurred or by rearm of my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or Nei, ofice., agenrs or employees as aforesaid, Ne Sella hereby agrees Is assume the defense thereof call o defend the same in the Sellers own expense, to ay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may Is, incurred by or obtained against the franchiser or my of its or their officers, agents or employees in such suits or .,he, proceedings, and in case judgment or other lien be placed upon or Obtained against the property, of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to bo dissolved ad discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Halth Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07a014